Whether the constitutional standards set out in Nollan and Dolan apply so that the government can be held liable for an improper taking when the government refuses...
environmental law
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Issue(s)
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After rainstorms, unabsorbed stormwater that flows over urban areas collects pollution, ultimately carrying it into rivers and oceans. Natural Res. Def. Council, Inc. v. County of Los Angeles (“NRDC”), 673 F.3d 880, 883-84 (9th Cir. 2011). Under the...
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Petitioner S.D. Warren Company (“Warren”), a subsidiary of South African Pulp and Paper, owns and operates five hydroelectric dam projects on the Presumpscot River in Cumberland County, Maine. S.D. Warren Company v. Maine Board of Environmental...
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Hawkes Co., Inc., is a mining company that excavates peat from wetland areas in Minnesota. Hawkes wanted to expand its operations to wetlands near its current operations. See Hawkes v. United States Army of Eng’rs, 782 F.3d 994, 998 (8th Cir. 2015)....
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After the Supreme Court’s decision in Massachusetts v. EPA, categorizing greenhouse gases (GHG) as an “air pollutant” and therefore subject to regulation under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) began regulating GHGs....
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The dusky gopher frog is an endangered species whose population once spread across forests from Louisiana to Alabama. Markle Interests, L.L.C. v. United States Fish & Wildlife Serv., 827 F.3d 452, 458 (5th Cir. 2016). However, habitat degradation...